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HomeMy WebLinkAboutOrd 6082 07/16/2013 Granting a Variation at 1008 Hopi LaneORDINANCE NO. 6082 AN ORDINANCE GRANTING A VARIATION (ACCESSORY STRUCTURE WITHIN EASEMENT) FOR PROPERTY LOCATED AT 2008 HOPI LANE, MOUNT PROSPECT. ILLINOIS Passed and approved by the President and Board of Trustees the 16 day of July, 2013 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 17 day of July, 2013. ORDINANCE NO. 6082 AN ORDINANCE GRANTING A VARIATION (ACCESSORY STRUCTURE WITHIN EASEMENT) FOR PROPERTY LOCATED AT 2008 HOPI LANE, MOUNT PROSPECT, ILLINOIS WHEREAS, Timothy M. Malz (Petitioner), has filed a petition for a Variation to place an accessory structure (ninety six square foot (96') "The Shed ") within a dedicated public utility easement in the rear yard of property located at 2008 Hopi (Property) and legally described as: THE SOUTHWESTERLY 5.00 FEET (AS MEASURED AT RIGHT ANGLES TO THE SOUTHWESTERLY LINE) OF LOT 58 AND ALL OF LOT 59 IN RESUBDIVISION OF LOTS 1 TO 129, INCLUSIVE (EXCEPT LOT 87) IN FOREST MANOR UNIT NO. 4, BEING A SUBDIVISION IN THE SOUTHWEST % AND THE SOUTHEAST % OF SECTION 25, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT OF SAID RESUBDIVISION REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON SEPTEMBER 14, 1962, AS DOCUMENT NUMBER 2055506, IN COOK COUNTY ILLINOIS. PIN: 03 -25- 406 - 033 -0000; and WHEREAS, the "Petitioner" seeks a Variation to place a ninety -six foot (96') shed within a dedicated public utility easement (setback five feet (5) from the side and rear lot lines), as shown on the Petitioner's exhibit dated June 11, 2002 and attached as Exhibit "A "; and WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ -07 -13 before the Planning and Zoning Commission of the Village of Mount Prospect on the 27 day of June, 2013, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 12 day of June, 2013; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ- 07 -13; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the request meets the standards of the Village and that the granting of the Variation to place an accessory structure (Shed) within a dedicated public utility easement would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Variation to place an accessory structure (Shed) within a dedicated public utility easement. This approval is subject to the condition that if any utility work of any kind or nature, whether necessary or discretionary, is done within the easement, the Village or any other utility benefitted by the easement, shall have the absolute right, upon twenty -four (24) hours notice posted on the front door of the home at 2008 Hopi Lane, to move, modify or raze the Shed at the sole Page 2/2 PZ -07 -13 2008 Hopi expense of the Petitioner or the Petitioner's successor. By the placement of the Shed in the easement, the Petitioner agrees to this condition and shall hold the Village, its agents and employees and any other utility company harmless and indemnified against any claim of damage to the Shed or the Petitioner's interest in the Shed. Any restoration of the Shed after such work in the easement shall likewise, be the sole obligation and expense of the Petitioner. The twenty -four (24) hour notice requirement shall not apply in cases of emergency. Whether or not an emergency exists shall be within the sole discretion of the Village. SECTION THREE The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance and Exhibit "A" with the Recorder of Deeds of Cook County. SECTION FIVE This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Korn, Matuszak, Polit, Rogers, Zadel NAYS: None ABSENT: Hoefert PASSED AND APPROVED this 16 day of July, 2013. Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \WIN \ORDINANCE2 \VAR- PZ- 07- 132008hopi.doc PROFESSIONALS ASSOCIATED SURLY, INC. PROFESSIONAL DESIGN Fn W. it°.,T5TRA'1TON NO. 0011129145 7100 N. TRIPP AVENUE Property - Alta - Topo Condo - Mortgage Survey TEL: (847) 671 -3000 UNCOUNWOOD, ILLINOIS 60712 FAX: (847) 675 -2167 PIL,NT OF' SURV EY (]F NORTH THE SOUTHWESTERLY 5.00 FEET (AS MEASURED AT RIGHT ANGLES TO THE SOUTHWESTERLY UNE) OF LOT 58 AND ALL, OF LOT 59 IN RESUBOWISION OF LOTS t TO 129 INCLUSIVE (EXCEPT LOT 87) IN FOREST MANOR UNIT NO - 4. BEING A SUBDIVISION IN THE SOUTHWEST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 25. TOWNSHIP 42 NORTH, RANGE 11. EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT OF SAID RESUBDIVISION REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON SEPTEMBER 14, 1962. AS DOCUMENT NUMBER 2055506, IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS: 2008 HOPI LANE, MOUNT PROSPECT. ILLINOIS. ro 2 (Ma ps ) k 4 P^Ge i�a 10 00 -s n v o 5g oo 0 u� r�� r 0 . u 60 s m \ o ° O u o +\ P 0 v Y l 0 1 STO f�'ME o I�L� a W o a 0.ltNOUS £MEN / \ v N CD z N NrtHe oDB "o 1` ` K ' 'o CP � n r w, 2 2 \ o m N ° \ m 4 -. N W m / ryPd f 321 50 nP R°c. 90.00' H op AD PF�DIL USE AI COT H WTI�A�REAL OR MORTGAGE LOAN FOR CONSTRU CTION. TRANZIAC ION AND IS NOT TO BE USED THE LEGAL DESCRB*ITON SHOWN ON THE PLAT HEREON DRAWN IS A COPY OF THE ORDER AND FOR ACCURACY SHOULD BE COMPARED WITH THE 7TfLE OR DEED. DIMENSIONS ARE NOT TO BE ASSUMED FROM SCALING. OW.No 02 -60076 Sulc 1 inch - 20 feel Date. - June 1 1 . 2002. ON .wby: Honnl. Mc tln.i Kw° Attorney at Low Exh,b�� BUHAING LINES AND EASEbB;N7S ARE SHOWN ONLY WHFRE THEY ARE 50 RECORDED RV THE MAPS, OTHERWISE REFER TO YOUR DEED OR AESTRACf COMPARE ALL POINTS BEFORE BUB.DING BY SAME AND AT ONCE REPORT ANY DIFFERENCE. '•... Snto ofIDiaoia ti. :: 'f4y+nty of Cook ss. �r� L 1 Wt;' OFESSIONALS ASSOCIATED SURVEY INC ..doh —by .. ;., Ihlrt vm have the above deswibcd ployclty and that .. ro -: o b klmwl d¢plat hoeon dravm la aO ncela:wte CR ee ofo wdd .—y. 1, R:PRIIF. VBYOR - ll( 9CPJ@.DNO 1b n �. .oa,n fntmdtvw BY: 2Z